12(1)Arrears of any drainage charge may be recovered by the [appropriate agency] in the same manner in which arrears of a non-domestic rate may be recovered under the Local Government Finance Act 1988 by a [billing authority] within the meaning of that Act.E+W
(2)Without prejudice to its powers by virtue of [section 37 of, and paragraph 6 of Schedule 1 to, the 1995 Act], the [appropriate agency] may by resolution authorise any member or officer of the [appropriate agency], either generally or in respect of particular proceedings—
(a)to institute or defend on its behalf any proceedings in relation to a drainage charge; or
(b)notwithstanding that he is not qualified to act as a solicitor, to appear on the [appropriate agency's] behalf in any proceedings before a magistrates’ court for the issue of a warrant of distress for failure to pay a drainage charge.
(3)In proceedings for the recovery of arrears of a drainage charge the defendant shall not be entitled to raise by way of defence any matter which might have been raised on an appeal under paragraph 11 above.
(4)The [appropriate agency] shall not be required to demand or enforce payment of a drainage charge in any case where the amount of the charge is insufficient to justify the expense of collection.
Textual Amendments
Marginal Citations